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Full-Text Articles in Law

Marine Ecosystem Management & (And) A Post-Sovereign Transboundary Governance, Bradley Karkkainen Nov 2004

Marine Ecosystem Management & (And) A Post-Sovereign Transboundary Governance, Bradley Karkkainen

San Diego International Law Journal

This paper argues that for purposes of managing transboundary environment problems in general, and marine ecosystems in particular, the role of international law as traditionally understood is somewhat overrated. Binding international legal obligations owed by states to other states often turn out to be a good deal less important in environmental problem solving than is commonly supposed by many international lawyers, legal scholars, and environmental NGOs (non-governmental organizations). Specifically, this paper argues that emphasis on binding multilateral environmental agreements among sovereign states is often misplaced and possibly even counterproductive, insofar as it threatens to divert attention from more promising strategies …


Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke Nov 2004

Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke

San Diego International Law Journal

The Pacific, the world's largest ocean, contains many of the world's smallest countries. Most of these isolated islands were under colonial domination from the mid-19th century (or earlier) until about the 1970s, when they became independent. New Zealand (Aotearoa) and Australia participate in many Pacific regional organizations and activities. They are viewed as partners but play separate and different, while still important, roles because of their larger size and differences in culture and history.


Fishing For Rainbows, The Fsc Repeal And Extraterritorial Income Exclusion Act, Stuart Smith May 2004

Fishing For Rainbows, The Fsc Repeal And Extraterritorial Income Exclusion Act, Stuart Smith

San Diego International Law Journal

On August 30, 2002, the final decision was released in the case of United States-Tax Treatment for "Foreign Sales Corporations". The World Trade Organization arbitration panel report authorizes the European Communities to levy $4.043 billion in annual trade sanctions against imports from the United States because of a provision in the U.S. tax code. "The FSC Repeal and Extraterritorial Income Exclusion Act of 2000", the most recent of 40 years worth of half-hearted attempts by the United States to comply with world trading body regulations, is the current offender. According to the arbitration panel, the act subsidizes foreign sales by …